End user agreement for Skinny Clock
End-User License Agreement for Skinny Clock
Please read this end-user license agreement ("EULA") carefully. By installing or using the software that accompanies this EULA ("SOFTWARE"), you agree to the terms of this EULA. If you do not agree, do not use the SOFTWARE.
This EULA is a legal agreement between you (either an individual or a single entity) and the author of SOFTWARE ("AUTHOR"). This EULA governs the SOFTWARE, which includes computer software (including data, online and electronic documentation), authorization to use the SOFTWARE and DISTRIBUTION PACKAGE (defined below). An amendment or addendum to this EULA may accompany the SOFTWARE.
2. Original distribution package necessary
In order to qualify terms below, you must have downloaded or received SOFTWARE in the form of an original SOFTWARE distribution package as distributed by AUTHOR, including all files contained in such package ("DISTRIBUTION PACKAGE"). Current DISTRIBUTION PACKAGEs for SOFTWARE are available from AUTHOR and AUTHOR-authorized SOFTWARE distributors. Copies of SOFTWARE not received in the form of a DISTRIBUTION PACKAGE are not licensed for use, copying or transmission by you or others.
3. Grant of license
AUTHOR grants you the following rights, conditioned on your compliance with all the terms and conditions of this EULA:
You may install SOFTWARE using DISTRIBUTION PACKAGE only. You are not limited in number and placements of installation you can perform.
You may use each version of SOFTWARE for unlimited time, but you have to comply with this EULA. This SOFTWARE is freeware and therefore you are not required to pay for the SOFTWARE.
You may transmit SOFTWARE in the form of DISTRIBUTION PACKAGE only. Other forms of transmission are prohibited.
4. HIGH RISK ACTIVITIES
SOFTWARE is not designed as fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of SOFTWARE could lead directly to death, personal injury, or severe physical or environmental damage ("HIGH RISK ACTIVITIES"). AUTHOR and its suppliers specifically disclaim any express or implied warranty of fitness for HIGH RISK ACTIVITIES.
5. Reservation of Rights; Other Restrictions
The SOFTWARE is protected by copyright and other intellectual property laws and treaties. AUTHOR or its suppliers own the title, copyright, and other intellectual property rights in the SOFTWARE except those mentioned in the reference guide. The SOFTWARE is licensed, not sold. AUTHOR reserves all rights not expressly granted to you in this EULA. Reverse engineering, decompiling, disassembling, or remitting to such process (reverse engineering, decompiling, disassembling), the SOFTWARE, or DISTRIBUTION PACKAGE is prohibited, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. Renting, or leasing the SOFTWARE, DISTRIBUTION PACKAGE is also prohibited.
6. Links to third party Internet sites
You may link to third party Internet sites, or use existing links to third party Internet sites contained within SOFTWARE, through the use of the SOFTWARE. AUTHOR does not control the third party sites, and AUTHOR is not responsible for the contents of any third party sites, any links contained in third party sites, or any changes or updates to third party sites. AUTHOR is not responsible for web-casting or any other form of transmission received from any third party sites. AUTHOR is providing you these links to third party sites to you only as a convenience, and the inclusion of any link does not imply an endorsement by AUTHOR of the third party site.
This EULA will terminate automatically without notice from AUTHOR if you fail to comply with any of the limitations, conditions or obligations described herein. On termination, you must destroy all copies of the SOFTWARE and DISTRIBUTION PACKAGE.
8. Disclaimer of warranty
AUTHOR disclaims any and all warranties, express or implied, including any implied warranties of merchantability or fitness for a particular purpose. You acknowledge and agree that you had full opportunity to test SOFTWARE before any live, public or production use, that you assume full responsibility for selecting and using SOFTWARE and distributing files created through use of SOFTWARE, and that if you use SOFTWARE improperly or against instructions, you can cause damage to your files, software, data or business. The entire risk as to the quality and performance of software is borne by you. This disclaimer of warranty constitutes an essential part of the agreement. Some jurisdictions do not allow exclusions of an implied warranty, so this disclaimer may not apply to you and you may have other legal rights that vary by jurisdiction.
9. The guarantee
The SOFWTARE is designed and offered as a general-purpose software, not for any user's particular purpose. You accept that no software is error free and you are strongly advised to back-up your files regularly. AUTHOR guarantees that (a) for the shortest period permitted by applicable law it will perform substantially in accordance with the written materials that accompany the SOFTWARE; and (b) any support services provided by AUTHOR shall be substantially as described in applicable written materials provided to you by AUTHOR and AUTHOR support engineers will use reasonable efforts, care and skill to solve any problem issues. In the event that the SOFTWARE fails to comply with this guarantee, AUTHOR will either (a) repair or replace the SOFTWARE or (b) return the price you paid. This guarantee is void if failure of the SOFTWARE results from accident, abuse or misapplication. Any replacement SOFTWARE will be guaranteed for the remainder of the original guarantee period or 30 days, whichever period is longer. You agree that the above guarantee is your sole guarantee in relation to the SOFTWARE and any support services.
10. Limitation of liability
To the maximum extent permitted by applicable law and except as provided in the AUTHOR guarantee, AUTHOR and its suppliers shall not be liable for any damages whatsoever (including without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) arising out of the use or inability to use the SOFTWARE, even if AUTHOR has been advised of the possibility of such damages. In any case AUTHOR's entire liability under any provision of this EULA shall be limited to the amount actually paid by you directly to the AUTHOR for the SOFTWARE. These limitations do not apply to any liabilities that cannot be excluded or limited by applicable laws.
11. Entire agreement; Severability
This EULA (including any addendum or amendment to this EULA which is included with the SOFTWARE) are the entire agreement between you and AUTHOR relating to the SOFTWARE, DISTRIBUTION PACKAGEs and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the SOFTWARE or any other subject matter covered by this EULA. To the extent the terms of any AUTHOR policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control unless the parties otherwise agree in writing. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
Should you have any questions concerning this EULA, or if you desire to contact AUTHOR for any reason, please use the address information enclosed in this SOFTWARE to contact the AUTHOR or visit AUTHOR on the World Wide Web at <http://www.rawos.com>.